People v. Johnson

The defendant’s contention that the Supreme Court’s Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) reflects a failure to exercise discretion is unpreserved for appellate review (cf. People v Davis, 50 AD3d 1589, 1590 [2008]). In any event, the Supreme Court providently exercised its discretion in rendering its Sandoval ruling (see People v Brightly, 91 AD3d 667, 668 [2012]; People v Taylor, 18 AD3d 783, 784 [2005]; People v Coward, 248 AD2d 397, 397-398 [1998]). We note that “an exercise of a trial court’s Sandoval discretion should not be disturbed merely because the court did…